| Author | Title | Citation | Summary | Year |
| Katie Cantone-Hardy |
SHOULDN'T ALL ASYLUM BE "HUMANITARIAN"? A CASE FOR MERGING TRADITIONAL AND HUMANITARIAN ASYLUM AND ELIMINATING THE PARTICULAR SOCIAL GROUP |
92 George Washington Law Review 908 (August, 2024) |
Asylum law in the United States faces near-constant critique. The membership in a particular social group eligibility category is one of its persistent thorns. Faced with a lack of legislative instruction on what particular social group (PSG) means, asylum adjudications of PSG claims have been chronically disjointed. Perhaps the only... |
2024 |
| Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2024 |
| Joshua J. Schroeder |
SINGING THE FORCE OF THE IMAGINATION: HOW TO WONDER ABOUT THE EMOTIONAL-REPORTAGE IN IMMIGRATION ADVOCACY |
21 UC Law Journal of Race and Economic Justice 1 (February, 2024) |
In the years leading up to July 4, 1776, Phillis Wheatley bid the imaginations of the American Revolutionaries to spring open by shouting: Imagination! Who can sing thy force? Wheatley defined the imagination as the leader of the mental train, and, according to Ciceronian principles, she demonstrated that the imagination is the singular... |
2024 |
| Alvin Padilla-Babilonia |
SOVEREIGNTY AND DEPENDENCE IN THE AMERICAN EMPIRE: NATIVE NATIONS, TERRITORIES, AND OVERSEAS COLONIES |
73 Duke Law Journal 943 (February, 2024) |
What justifies plenary powers over Native nations, U.S. territories, and overseas colonies? One answer is the text of the Constitution: the Indian Commerce Clause or the Territorial Clause. Another answer is sovereignty under international law. In this Article, I argue that these legalistic explanations overlook a third answer: that political and... |
2024 |
| Nermeen Arastu, Qudsiya Naqui |
STANDING ON OUR OWN TWO FEET: DISABILITY JUSTICE AS A FRAME FOR REIMAGINING OUR ABLEIST IMMIGRATION SYSTEM |
71 UCLA Law Review 236 (April, 2024) |
Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now. In 1882, Congress first codified the exclusion of defective bodies by declaring that, any lunatic, idiot, or any person unable to take care of himself or... |
2024 |
| Melissa Murray |
STARE DECISIS AND REMEDY |
73 Duke Law Journal 1501 (April, 2024) |
Much ink has been spilled on the Roberts Court's approach to stare decisis and precedent. Such commentary is hardly surprising. In just the last five years, the Court has overruled extant precedents on issues that range from abortion and jury convictions to property rights and public unions. It has also substantially narrowed and limited existing... |
2024 |
| Dimitry V. Kochenov |
STATELESSNESS: A RADICAL RETHINKING OF THE DOMINANT CITIZENISM PARADIGM |
20 Annual Review of Law and Social Science 117 (2024) |
statelessness, citizenism, citizenship, UNHCR, UN High Commissioner for Refugees, nationality A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness... |
2024 |
| Darryll K. Jones |
STOCHASTIC TERRORISM, SPEECH INCANTATIONS AND FEDERAL TAX EXEMPTION |
54 New Mexico Law Review 69 (Winter, 2024) |
Stochastic terrorists demonize and dehumanize groups of people through propaganda to incite lone wolf violence against those groups. Their demonization and dehumanization is explicit, but their solicitation of murder and violence is implicit and sufficiently ambiguous that most listeners will not perceive the solicitation. But a few will... |
2024 |
| Heide Castañeda |
STRUGGLES AND TRIUMPHS: AMAZIGH CONSTITUTIONAL CLAIMS AND BUREAUCRATIC DISENTITLEMENT IN MOROCCO |
32 Michigan State International Law Review 25 (2024) |
The term Amazigh refers to Indigenous people of North Africa; Imazighen (free people) is the plural. Colonialism, state oppression, and Arabization policies have suppressed Amazigh culture across history; today, through a series of struggles and triumphs, their cultural and linguistic rights are becoming variably recognized. This article uses... |
2024 |
| Zamir Ben-Dan |
SUPREME MIRAGE: CLARENCE THOMAS'S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM |
87 Albany Law Review 183 (2023-2024) |
C1-2Table of Contents Introduction. 184 I. Justice Thomas's Attempt to Disconnect Race from the Meaning of the Fourteenth Amendment. 186 A. The Text of the Fourteenth Amendment. 187 B. Statutes and Legislative History. 188 C. Supreme Court Cases. 193 II. Justice Thomas's Response to Actual Originalist History. 196 A. Justice Thomas's Own Claims.... |
2024 |
| Yvette Butler |
SURVIVAL LABOR |
112 California Law Review 403 (April, 2024) |
This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in... |
2024 |
| Aaren N. Cassidy, Ed.D. , Steven L. Nelson, J.D., Ph.D. |
TAKEOVER AS THE THIRD WAY: RACE AS THE ANTECEDENT AND CONSEQUENCE OF STATE TAKEOVER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS |
27 Harvard Latin American Law Review 1 (Spring, 2024) |
State takeovers of public schools and districts have been on the rise for decades leaving a trail of wreckage disproportionately impacting Black and Brown communities across the United States. States have claimed state takeovers of public schools and districts are the optimal solution for state-declared failing schools. However, these contentious... |
2024 |
| Maryellen Fullerton |
TEMPORARY PROTECTION FOR UKRAINIANS IN THE EUROPEAN UNION: WHY NOW AND WHEN AGAIN? |
57 Vanderbilt Journal of Transnational Law 91 (January, 2024) |
In 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced... |
2024 |
| Sydney K. Erickson |
TEN DAYS OR TEN YEARS: HOW THE "LAST IN, FIRST OUT" POLICY AFFECTS ASYLUM INTERVIEW SCHEDULING AND DISPROPORTIONATELY HARMS IMMIGRANTS |
27 Journal of Gender, Race and Justice 211 (Winter, 2024) |
As of 2022, nearly two million asylum-seekers are sitting in limbo, awaiting the scheduling of their asylum interviews. The wait has only been getting longer, due in part to the last in, first out policy (LIFO) implemented by the Trump Administration in 2018. In practice, LIFO has exacerbated the wait times for asylum-seekers by pushing waiting... |
2024 |
| Shirin Sinnar |
TERRORISM, NOT TREASON: THE RISE AND FALL OF CRIMINAL CHARGES |
2024 University of Chicago Legal Forum 275 (2024) |
Two decades into the global war on terror, the United States has a vast legal and institutional architecture for prosecuting international terrorism. A sprawling global intelligence network, thousands of informants in U.S. communities, and a highly permissive legal regime feed the prosecution of hundreds of Muslim defendants. Despite this intense... |
2024 |
| Jonathan Hasson , Carolyn Hoyle |
THAI DRUGS OFFENSES AND NARCOTIC CHARGES: TRACING THAILAND'S DRUG CONTROL AND CAPITAL PUNISHMENT HISTORY |
49 Brooklyn Journal of International Law 361 (2024) |
Against the backdrop of growing international support for abolishing the death penalty, Asia--the site of roughly 85 percent of the world's executions today-- has come under intense international scrutiny. Political scientists, criminologists, and activists have written countless books, articles, and reports explaining why Asia remains a... |
2024 |
| Gabriel J. Chin , Paul Finkelman |
THE "FREE WHITE PERSON" CLAUSE OF THE NATURALIZATION ACT OF 1790 AS SUPER-STATUTE |
65 William and Mary Law Review 1047 (April, 2024) |
A body of legal scholarship persuasively contends that some judicial decisions are so important that they should be considered part of the canon of constitutional law including, unquestionably, Marbury v. Madison and Brown v. Board of Education. Some decisions, while blunders, were nevertheless profoundly influential in undermining justice and the... |
2024 |
| Rose Cuison-Villazor |
THE 2023 ALIEN LAND LAWS AND HISTORICAL AMNESIA |
46 Western New England Law Review 102 (2024) |
Thank you Western New England Law Review, Andrew Loin (Editor-in-Chief), and Dean Zelda Harris for inviting me to participate in this incredibly powerful conference. I have learned so much from the speakers and panel discussions today. It truly is an honor to be part of this symposium. Since I am one of the last speakers of the day, I thought that... |
2024 |
| Anthony Puntasecca |
THE AKWESASNE BLACK HOLE: AMERICA'S HIDDEN BORDER CRISIS |
56 University of Miami Inter-American Law Review 73 (Fall, 2024) |
I. Introduction. 74 II. Background. 76 A. History of Broken Promises and Land Appropriation. 76 B. Life on an International Border. 77 III. Summary of Relevant Law. 81 A. Early Treaties. 81 B. Dealing with Uncle Sam. 82 i. The Supreme Law of the Land. 83 ii. Between Sovereign Entities. 85 C. Constitutional Monarchy. 88 IV. Analysis. 90 A. War on... |
2024 |
| Kalyani Ramnath, Department of History, University of Georgia, Athens, GA, USA, Email: kal.ramnath@gmail.com |
THE BRINY SOUTH: DISPLACEMENT AND SENTIMENT IN THE INDIAN OCEAN WORLD. BY NIENKE BOER. DURHAM: DUKE UNIVERSITY PRESS, 2023. PAPERBACK, 978-1-4780-1955-8 |
58 Law and Society Review 152 (March, 2024) |
In The Briny South, Nienke Boer embarks on an insightful exploration of sentiment in legal and literary genres that function as archives of displacement--ranging from the seventeenth-century court records about enslavement from the Cape of Good Hope's Council of Justice to memoir and fiction about indenture in Natal, as well as autobiographies... |
2024 |
| José Argueta Funes |
THE CIVILIZATION CANON: COMMON LAW, LEGISLATION, AND THE CASE OF HAWAIIAN ADOPTION |
71 UCLA Law Review 128 (January, 2024) |
Recently, scholars have uncovered many ways in which our traditional understandings of the U.S. Constitution have failed to grapple with American empire and colonialism. This work has shown that the nation's history of mistreating Indigenous peoples is constitutive of its legal order. In this Article, I provide evidence of a similar kind of... |
2024 |
| Jon C. Dubin |
THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE |
35 Stanford Law and Policy Review 104 (February, 2024) |
The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... |
2024 |
| Miranda Stafford |
THE CONTINUED PURSUIT OF BROWN v. BOARD OF EDUCATION: WE NEED TO FURTHER DESEGREGATE NEW JERSEY'S PUBLIC SCHOOLS, BUT HOW? |
21 Rutgers Journal of Law & Public Policy 346 (Spring, 2024) |
The 1954 Supreme Court decision Brown v. Board of Education dramatically altered the American public education system and, subsequently, the overall status of race relations in the United States. Brown, analyzing instances of educational segregation across the country, found that the segregation of students in the public school system on the basis... |
2024 |
| Felice Batlan |
THE DISPLACED PERSONS ACT OF 1948 AND HOME-GROWN ANTISEMITISM |
27 Lewis & Clark Law Review 1057 (2024) |
This Article examines the 1948 Displaced Persons Act which provided for the ability of certain European refugees to immigrate to the United States following World War II. The 1948 Act discriminated against Jewish survivors of the Holocaust and imprinted Nazi racial laws and ideology upon U.S. law. Moreover, in debates over passage of such a law, a... |
2024 |
| Gisell Curbelo , Sahar F. Aziz |
THE END OF CUBAN EXCEPTIONALISM IN AMERICAN MIGRATION POLICY |
25 Rutgers Race & the Law Review 69 (2024) |
Over the past three years, a new wave of Cubans migrants have undertaken perilous journeys across Central America and the Florida Straits to reach the United States. From January 2021 to February 2023, border authorities and the U.S. Coast Guard recorded 392,184 Cubans arriving in the United States. Factors such as economic hardship, political... |
2024 |
| Darcy Gallego |
THE EQUAL PROTECTION CASE AGAINST DISPARATE U.S. HUMANITARIAN PAROLE POLICIES FOR AFGHANS COMPARED TO UKRAINIANS |
93 Fordham Law Review 993 (December, 2024) |
The disparities between the U.S. government's use of humanitarian parole in response to the humanitarian crises in Afghanistan and Ukraine are indicative of discrimination and violate the Equal Protection Clause. As such, U.S.-based relatives of Afghans should prevail in seeking accountability for the thousands of Afghans who continue to wait for... |
2024 |
| Pedro Gerson |
THE FEDERAL GOVERNMENT'S ROLE AS THE WARDEN OF IMMIGRANTS |
103 Nebraska Law Review 45 (2024) |
This Essay examines the evolving landscape of immigration enforcement within the broader context of federal confinement in the United States. The current crisis at the southern border, characterized by historic levels of migrant influx and shifting political tides toward restrictionism, underscores the federal government's increasing emphasis on... |
2024 |
| Lucy Williams , Mason Spedding |
THE FIRST AMENDMENT AND CONSTITUTIVE RHETORIC: A POLICY PROPOSAL |
99 New York University Law Review 1338 (October, 2024) |
First Amendment law is heavily influenced by a familiar set of policy considerations. Courts often defend their First Amendment rulings by referencing speech's place within a marketplace of ideas. They consider whether speech facilitates self-governance or furthers society's search for truth. They weigh the relative value of certain types of... |
2024 |
| Christopher M. Roberts |
THE HISTORICAL DEVELOPMENT OF THE CONCEPT OF FORCED LABOR AND THE OPEN BOUNDARIES OF ITS DEFINITION TODAY |
54 New Mexico Law Review 225 (Winter, 2024) |
This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores... |
2024 |
| Vincent D. Kwan |
THE INFLUENCE OF CHRISTIANITY IN SHAPING CONSERVATIVE ASIAN AMERICA |
31 Asian American Law Journal 57 (2024) |
Introduction. 57 I. Remnants of Christianity in U.S. Law. 59 A. Early U.S. Law. 59 B. Antebellum and Civil War Era. 61 C. Jim Crow and Segregation. 63 D. Policies of the Contemporary Public Sphere. 65 II. Remnants of Christianity in Asian American Identity. 68 A. Asian American Exclusion. 68 B. Anticommunism and Conservative Politics. 70 C.... |
2024 |
| Adam B. Cox |
THE INVENTION OF IMMIGRATION EXCEPTIONALISM |
134 Yale Law Journal 329 (November, 2024) |
American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that... |
2024 |
| Hiba Hafiz |
THE LAW OF GEOGRAPHIC LABOR MARKET INEQUALITY |
172 University of Pennsylvania Law Review 1183 (April, 2024) |
How the law contributes to economic inequality is the subject of renewed attention, but the legal dimensions of geographic inequality have received much less scrutiny. At its core, geographic inequality is a function of how the national income gets spatially divided between capital and labor. While labor's share of national income has generally... |
2024 |
| Huyen Pham, Natalie C. Cook, Ernesto F. L. Amaral, Raymond Robertson, Suojin Wang |
THE LIMITS OF IMMIGRANT RESILIENCE |
33 Southern California Interdisciplinary Law Journal 509 (Spring, 2024) |
Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007-2009) shows... |
2024 |
| Cecilia Menjívar |
THE LONG ARM OF LIMINAL IMMIGRATION LAWS |
110 Iowa Law Review Online 51 (2024) |
ABSTRACT: Stumpf and Manning's Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the stickiness and robustness of liminal rules, their transitory... |
2024 |
| Kevin R. Johnson |
THE MEANING AND SIGNIFICANCE OF CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1573 (October, 2024) |
Critical Immigration Legal Theory by Kathleen Kim, Kevin Lapp, and Jennifer J. Lee identifies Critical Immigration Legal Theory (CILT) as a distinct body of immigration scholarship bringing critical legal analysis to bear on U.S. immigration law and policy. CILT analyzes how immigration law and policy function to subordinate noncitizens of color,... |
2024 |
| Rosa Celorio |
THE NEW GENDER PERSPECTIVE: THE DAWN OF INTERSECTIONAL AUTONOMY IN WOMEN'S RIGHTS |
25 Chicago Journal of International Law 67 (Summer, 2024) |
International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of... |
2024 |
| Valeria Martinez |
THE NOT-SMUGGLING PROBLEM: THE EFFECTS OF THE UNITED STATES' OVERBROAD DEFINITION OF MIGRANT SMUGGLING ON MIGRANT FAMILIES |
41 Wisconsin International Law Journal 443 (Spring, 2024) |
By signing and ratifying the United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air, the United States promised to the international community and to its citizens that it would adhere to a legal criminal definition of migrant smuggling that protects migrant families by only targeting in its language the organized offenders... |
2024 |
| Enrique Alvear Moreno |
THE PARADOX OF SANCTUARY: HOW PUNITIVE EXCEPTIONS CONVERGE TO CRIMINALIZE AND PUNISH LATINOS/AS |
49 Law and Social Inquiry 2466 (November, 2024) |
(Received 09 August 2022; revised 18 May 2023; accepted 23 October 2023; first published online 18 September 2024) Sanctuary cities define themselves as metropoles that refuse to share information, personnel, and facilitieswith federal immigration authorities to police immigrants. While research suggests that sanctuary cities contest the... |
2024 |
| Charlotte Verdon |
THE PARTICIPATION OF NON-STATE ACTORS IN THE BBNJ AGREEMENT'S AREA-BASED MANAGEMENT TOOLS REGIME: SUCCESSES AND ROADBLOCKS |
47 Fordham International Law Journal 243 (June, 2024) |
The recently adopted BBNJ Agreement creates a multilateral framework for the establishment of Area-Based Management Tools (ABMTs) in marine areas beyond national jurisdiction. Part of the process for establishing ABMTs under the new Agreement is the consultation of non-State actors (NSAs). ABMTs such as marine protected areas can negatively impact... |
2024 |
| Rachel F. Moran |
THE PERENNIAL ECLIPSE: RACE, IMMIGRATION, AND HOW LATINX COUNT IN AMERICAN POLITICS |
61 Houston Law Review 719 (Symposium 2024) |
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age... |
2024 |
| Yael Zakai Cannon |
THE PERSISTENT PUBLIC HEALTH EMERGENCY |
55 Columbia Human Rights Law Review 726 (Spring, 2024) |
May 11, 2023 was ostensibly a day of celebration. With infections and deaths from COVID-19 down, the federal government announced the end of the official Public Health Emergency three years after its initial declaration. But the conclusion of the Public Health Emergency also signaled the termination of unprecedented health protection... |
2024 |
| Cedric Merlin Powell |
THE POST-RACIAL DECEPTION OF THE ROBERTS COURT |
77 SMU Law Review 7 (Winter, 2024) |
Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions--post-racial deceptions of... |
2024 |
| Elizabeth Sepper , Lindsay F. Wiley |
THE RELIGIOUS LIBERTY CHALLENGE TO AMERICAN-STYLE SOCIAL INSURANCE |
58 U.C. Davis Law Review 257 (November, 2024) |
This Article argues that escalating religious challenges to the Affordable Care Act (ACA) form a major new vector in the campaign against social insurance in the United States. Where early constitutional challenges urging a libertarian ethos of you're on your own largely failed, religious claimants are succeeding with a traditionalist... |
2024 |
| Jonathan P. Feingold |
THE RIGHT TO INEQUALITY: CONSERVATIVE POLITICS AND PRECEDENT COLLIDE |
57 Connecticut Law Review 57 (December, 2024) |
The end of affirmative action is the beginning of this story. In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court struck a near fatal blow to race-consciousness. Many institutions have since pivoted to race neutral alternatives. This is a natural turn. But one that faces immediate headwinds. The same entities that demanded... |
2024 |
| Kevin Brown |
THE RISE AND FALL OF THE CONSIDERATION OF RACE AND ETHNICITY IN THE ADMISSIONS PROCESS: THE LONG-TERM NEGATIVE CONSEQUENCES OF THE FALL |
100 Indiana Law Journal 289 (Fall, 2024) |
Introduction. 292 I. The Long-Term Negative Consequences of the Initial Explanation of Taking Account of Race in the Admissions Process. 300 A. The Harm of Segregation Articulated by the Court in Brown v. Board of Education. 301 B. The Harms of Segregation that Brown Left Out. 305 C. How a Proper Understanding of Affirmative Action Would Have... |
2024 |
| Ming Hsu Chen |
THE ROAD NOT TAKEN: A CRITICAL JUNCTURE IN RACIAL PREFERENCES FOR NATURALIZED CITIZENSHIP |
65 William and Mary Law Review 1137 (April, 2024) |
In The Free White Person Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel Jack Chin and Paul Finkelman argue that racist results in naturalization have arisen despite, or maybe because of, the race neutral interpretation. This happened in a manner that could have been predicted by the federal government's attitudes toward... |
2024 |
| Rashmi Goel |
THE RPL EFFECT |
101 Denver Law Review 447 (Spring, 2024) |
The Rocky Mountain Collective on Race, Place & Law (RPL) is unique among law school organizations. Formed by professors at the University of Denver Sturm College of Law (Sturm), RPL is a group of Colorado legal academics and administrators working together to identify and address racial inequities in the U.S. and around the globe. Through... |
2024 |
| Huyen Pham, Pham Hoang Van |
THE SUBFEDERAL IN IMMIGRATION POLARIZATION |
42 Minnesota Journal of Law & Inequality 33 (Spring, 2024) |
The framing of subfederal immigration regulation as a red-blue divide is conventional wisdom. As more states, cities, and counties have engaged in the regulation of immigrants within their jurisdictions, it is not particularly surprising to see deep-red states like Texas enacting laws that restrict the rights of immigrants in their jurisdictions... |
2024 |
| Paul Finkelman |
THE TRAGEDY OF FELIX FRANKFURTER: FROM CIVIL LIBERTIES AND CIVIL RIGHTS ACTIVIST TO REACTIONARY JUSTICE |
14 Columbia Journal of Race and Law 1086 (September, 2024) |
This article reconsiders the life and record of Supreme Court Justice Felix Frankfurter. Frankfurter was smart, hardworking, and talented, serving as a great activist lawyer and important law professor in his early career. When nominated to the court, there were high hopes he would follow Holmes and Brandeis in leading a progressive Court that... |
2024 |
| Donald Kerwin, Senior Research Associate, Keough School of Global Affairs, University of Notre Dame, USA, donaldkerwin@yahoo.com |
THE TRIALS AND CONSOLATIONS OF MIGRANT-SERVING FAITH-BASED ORGANIZATIONS |
39 Journal of Law and Religion 212 (May, 2024) |
This article is a response to Christians in public and private life who favor policies, employ rhetoric, and view migrants in ways that contravene their faith traditions. Speaking primarily from the perspective of Christian migrant-serving, faith-based organizations in the United States, the author examines their challenges, sources of consolation,... |
2024 |